2017 Kentucky Revised Statutes CHAPTER 222 - KENTUCKY ALCOHOL AND OTHER DRUG ABUSE PREVENTION, INTERVENTION, AND TREATMENT LAW .433 Proceedings for involuntary treatment -- Duties of court -- Disposition.
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222.433 Proceedings for involuntary treatment -- Duties of court -- Disposition.
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Upon receipt of the petition, the court shall examine the petitioner under oath as to
the contents of the petition.
If, after reviewing the allegations contained in the petition and examining the
petitioner under oath, it appears to the court that there is probable cause to believe
the respondent should be ordered to undergo treatment, then the court shall:
(a) Set a date for a hearing within fourteen (14) days to determine if there is
probable cause to believe the respondent should be ordered to undergo
treatment for alcohol and other drug abuse;
(b) Notify the respondent, the legal guardian, if any and if known, and the spouse,
parents, or nearest relative or friend of the respondent concerning the
allegations and contents of the petition and the date and purpose of the
hearing; and the name, address, and telephone number of the attorney
appointed to represent the respondent; and
(c) Cause the respondent to be examined no later than twenty-four (24) hours
before the hearing date by two (2) qualified health professionals, at least one
(1) of whom is a physician. The qualified health professionals shall certify
their findings to the court within twenty-four (24) hours of the examinations.
If, upon completion of the hearing, the court finds the respondent should be ordered
to undergo treatment, then the court shall order such treatment for a period not to
exceed sixty (60) consecutive days from the date of the court order or a period not
to exceed three hundred sixty (360) consecutive days from the date of the court
order, whatever was the period of time that was requested in the petition or
otherwise agreed to at the hearing. Failure of a respondent to undergo treatment
ordered pursuant to this subsection may place the respondent in contempt of court.
If, at any time after the petition is filed, the court finds that there is no probable
cause to continue treatment or if the petitioner withdraws the petition, then the
proceedings against the respondent shall be dismissed.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 116, sec. 4, effective July 13, 2004.
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